Forschungs- und Beratungsstelle für betriebliche Arbeitnehmerfragen Partnerschaft der Ingenieure und beratenden Betriebswirte

Forschungs- und Beratungsstelle für betriebliche Arbeitnehmerfragen

Works council and organizational change (restructuring and alterations BR 4)

Organizational change is a necessity in changing markets and flexible environments. Organizational change also affects the working conditions and structure of the work for the employees. What rights and duties does a works council have in questions of organizational change (alterations)? How does German labor law deal with this area and what is important about it?
The seminar will give an introduction to the area of alterations sec. 111 onwards of the Works Constitution Act (WCA). We will discuss the rights and duties of the works council in relation to alterations and the different levels of co-determination. We will discuss how negotiations for a reconciliation of interests look like. A part of the seminar is dedicated to social compensation plans and issues that can be dealt with in them. The objective is to provide members of the works council with practical and theoretical knowledge for their day to day business.

The seminar will focus on the following subject matters:

• Introduction to the legal framework for alterations and the corresponding sections of the WCA and other legislation
• Alterations sec.111 WCA
• Information rights and how to obtain relevant information
• Dealing with mass redundancies § 17 KSchG as a consequence of alterations
• Introduction to the reconciliation of interests sec. 112 WCA
• Co-determination in relation to social compensation plans
• Conduct of negotiations and conflict resolution
• Indemnities sec.113 WCA
• Practical approach how to deal with organizational change

1. Labor relations and dealing with legal aspects

2. General duties of works councils in relation to alterations

3. What means co-determination in alterations?
3.1 Introduction to the sec.111 WCA
3.2 Definitions and options of the works council
3.3 Information and consultation rights

4. Reconciliation of interests sec. 112 WCA
4.1 Definition and function
4.2 What is important for a reconciliation of interests

5. The social compensation plan
5.1 Function of the social compensation plan
5.2 Dealing with redundancies and mass dismissals § 17 KSchG
5.3 Issues for compensation plans

6. Conduct of negotiations for the reconciliation of interest and social compensation plan
6.1 Basics of negotiations
6.2 Reconciliation of interests and works agreements
6.3 Conduct of negotiation
6.4 Insights from mediation

7. Indemnities sec.113

8. Outplacement and possibilities of transfer (Transfermaßnahmen und Transfergesellschaft) that are subsidies/ government funded in the SGB III